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11-06-1973 Regular Meeting 1011 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL November 6, 1973 The regular meeting of the Miami Shores Village Council was held at 4:00 o'clock p.m. , November 6, 1973, at the Village Hall, with the follow- ing Councilmen present: Mayor James W. Condit Raymond L. Clement Elwood Jones Harry F. Smenner, Jr. Absent: Dean R. Claussen Mr. John W. McIntyre, Village Manager, and Mr. Thomas H. Anderson, Village Attorney, were also present. The meeting was opened with an invocation given by Rev. Harold Davenport of the Miami Shores Community Church. Minutes of the meeting of October 16, 1973, were corrected as to Mr. Smenner's remarks on Page 3 and then moved approved as amended by motion made by Mr. Jones, seconded by Mr. Clement and carried. Minutes of the work session of October 30, 1973 were accepted as written by motion made by Mr. Jones, seconded by Mr. Smenner and passed. Planning Board minutes. At the last Planning Board meeting a recommendation was made to the Nelecar Corporation that the recreation building under construction along with the condominium apartments in the El Portal Subdivision, be moved back from the front property line to meet the 25 ft. setback. The 15 ft. setback used on this building was not officially recognized when the plans were sub- mitted nor approved. Other points the Planning Board brought up were the 11/6/73 IL02 -Z- drainage along 87th Street and approval of a maintenance plan. Mr. Albert Caruana, attorney for the Neleca.r Corporation and R & L Developers, Inc. , stated that the builder is taking care of the drainage and that the articles of incorporation provide for the maintenance of the premises after construction. As to moving the building back, Mr. Caruana pointed out that the plans were submitted to the Planning Board on three different occasions; they were scrutinized and finally submitted and approved on March 31, 1973, following which a building permit was issued. Mr. Caruana stated that the building is substantially complete, that every effort was made to comply with the regulations of this community, and asked that the Council reconsider the Planning Board request and permit the building to remain where it is. After further discussion Mr. Clement moved that the Council uphold the action of the Zoning Board. The motion was seconded by Mr. Jones and passed 3/1 with the Mayor dissenting. Mr. Jack Hockinson on aircraft noise. Mr. Hockinson stated he had learned, as previously reported, that the flight pattern out of International Airport had been changed in January of this year resulting in more aircraft being flown over Miami Shores. He further contended that by complaining to the proper authorities this policy could be changed. Mr. Clement moved that the Village Manager contact the proper officials in regard to this subject and give the Council a report. The motion was seconded by Mr. Smenner and passed. Mr. Thomas Dorsey, representing the Fire Fighters Union. Mr. Dorsey was present on behalf of the Fire Fight-ers Union to 11/6/73 VX -3- discuss the proposed Union contract. The Mayor stated that the Council had just received the first draft (of the Village's proposal). Mr. Dorsey asked that they be notified when it comes up at a work session. Review of the Country Club Association Ballot as to Social Members running for office and voting. A discussion took place concerning the By-laws of the Country Club Association which limit voting privileges to golf, tennis and pool members. Because the Nominating Committee failed to take this into consideration in preparing their ballot and in mailing it out to the members, including Social members, arguments were heard pro and con the validity of the ballot and how the Country Club should be run. Mr. Clement moved that this ballot be declared illegal and that the Village Manager instruct the Country Club what to do about the next ballot. The motion was seconded by Mr. Jones and passed. Letter of commendation to the Police Department. Mayor Condit read a letter he had written to Chief Fletcher commend- ing the Police Department for its work in breaking a recent case'of trafficing in drugs. Special credit was given Chief Fletcher, Sgt. Michael Zoovas, Sgt. James Brenton and Officer Daniel Hughes. Authority for the Tennis Club to accept the offer of Chevron Asphalt Co. to install a grass-like surface over one of the existing hard courts. Upon a recommendation from the Tennis Committee, Mr. Jones moved that this be done. The motion was seconded by Mr. Clement and passed unanimously. Village Manager's report on alley shrubbery. The Manager previously mailed a report to the Council outlining 11/6/73 -4- a program of notifying property owners who have shrubbery and trees extend- ing into the alleys, with the enforcement of cutting back this growth to be effected by use of Chapter 11 or Chapter 14 of the Village Code. Bills for October, 1973. After review of the current bills Mr. Clement moved that they be approved. The motion was seconded by Mr. Smenner and passed. Ordinances - first reading: (a) AN ORDINANCE AMENDING ORDINANCE NO. 338 THE SAME BEING SECTION 10-22, ARTICLE II OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES IN REGARD TO GARBAGE AND TRASH COLLECTION FEES. This ordinance establishes new garbage and trash collection fees. Upon motion made by Mr. Smenner and seconded by Mr. Jones the above read ordinance was passed on first reading. (b) AN ORDINANCE AMENDING ORDINANCE NO. 359 THE SAME BEING SECTION 15-49, ARTICLE III OF THE MIAMI SHORES CODE OF ORDINANCES DEALING WITH ELIGIBILITY OF PERSONS TO HOLD SOCIAL, POOL OR TENNIS MEM- BERSHIPS IN THE MIAMI SHORES VILLAGE COUNTRY CLUB AND THE CONDITIONS FOR SUCH PARTICIPATION. This ordinance was for the purpose of extending social membership in the Country Club to the owners of licensed businesses operating within Miami Shores. Mr. Smenner moved that the ordinance be approved as read. The motion was seconded by Mayor Condit. After discussion, the vote was taken but the motion failed to carry with Messrs. Clement, Jones and Smenner dissenting. Resolutions - first reading: (a) A RESOLUTION TO DADE COUNTY REQUESTING FIVE HAND-HELD RADIOS FOR THE MIAMI SHORES POLICE DEPARTMENT THROUGH THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION GRANT. It was reported that these radios will cost the Village 11/6/73 I -5- $1, 000 but that the Biscayne Kennel Club has offered to make this payment. Upon motion made by Mr. Jones and seconded by Mr. Clement this resolution was passed on first.reading. (b) A RESOLUTION AUTHORIZING THE MAYOR AND THE VILLAGE MANAGER TO EXECUTE A SECURITY AGREE- MENT WITH PEOPLES FIRST NATIONAL BANK OF MIAMI SHORES TO FINANCE THE PURCHASE OF THIRTY-ONE ELECTRIC GOLF CARS FOR THE GOLF COURSE. Upon motion made by Mr. Clement and seconded by Mr. Jones this resolution was passed on first reading. (c) A RESOLUTION AUTHORIZING THE MAYOR AND THE VILLAGE MANAGER TO EXECUTE THE NECESSARY CHATTEL MORTGAGE OR RETAIN TITLE CONTRACT WITH PEOPLES FIRST NATIONAL BANK OF MIAMI SHORES TO FINANCE THE PURCHASE OF TWO INTERNATIONAL TRUCKS. Upon motion made by Mr. Clement and seconded by Mr. Jones, this resolution was passed on first reading. Unfinished Business: (a) Request for nurses to ride the emergency vehicle. Mr. Jones moved that the Council approve the request for a period of six months using the release from liability form prepared by the Village Attorney for each employee, and to come back for re- consideration after that time. The motion was seconded by Mr. Clement and carried. Mr. Howard McLaughlin asked the Council what the Golf Association should do for officers prior to the next ballot outcome. Mayor Condit moved that the present officers be held over until the next election. The motion was 11/6/73 106 -6- seconded by Mr. Jones and carried. Mrs. Biddy Lang asked again for night meetings. The Mayor instructed that this be put on the agenda for the next meeting. The meeting adjourned at 6:15 p.m. Village Clerk APPROVED: LVA yor